Volume 9

9 Fla. L. Weekly Supp. 749b

Insurance — Uninsured motorist — Presumption of negligence attributed to decedent driver who lost control and collided with a vehicle in oncoming traffic on interstate highway when phantom unidentified vehicle, which decedent was tailgating at 70 mph in a moderate to hard rainstorm and which had previously stopped in the roadway more than once, began to slow and stop again is not overcome — If inclement weather alone did not place decedent on notice that traffic could abruptly slow or stop, fact that phantom vehicle had stopped on a number of occasions prior to accident placed decedent on notice that sudden stops could reasonably be expected — Insurer’s motion for summary judgment granted

9 Fla. L. Weekly Supp. 362a

Torts — Insurance — Jury instructions — No error in not giving concurrent cause instruction where plaintiff did not plead or prove that pre-existing condition of his dental bridge led to damages he suffered but, rather, maintained that his bridge was in good condition prior to the accident — It was within purview of trial court to determine whether insurer’s violation of pre-trial order by making comments concerning settlement offers warranted a mistrial — Trial court correctly denied request for directed verdict where there were issues of fact for the jury to consider due to conflicting testimony

9 Fla. L. Weekly Supp. 278b

Insurance — Civil procedure — Error to dismiss action for failure to perfect service where service, albeit invalid, was perfected prior to lapse of 120-day period and subsequent 60-day extension

9 Fla. L. Weekly Supp. 851d

Insurance — Automobile — Rescission of policy — Material misrepresentations on application — Where evidence establishes that insurer would not have issued policy to insured at same premium if residence of insured’s daughter within household had been disclosed on application, insurer did not err in declaring policy void ab initio, denying coverage thereunder, and returning all premium payments to insured — Final summary judgment granted in favor of insurer

9 Fla. L. Weekly Supp. 535a

Insurance — Windstorm — Rates — Arbitration — Constitutionality — Delegation of insurance rate determinations to arbitration panels is not unconstitutional — Separation of powers — Where arbitrators are not members of judicial or executive branches, their activities do not constitute an encroachment on legislative powers by another branch — Due process — Challenged statutes do not deprive plaintiffs of due process of law where the procedures for premium rate determinations, including provision for arbitration as an alternative to Chapter 120 proceedings, are rationally related to assisting the economic viability of property insurers, and plaintiffs have not shown that they have a constitutionally protected right which overrides compelling state interest in maintaining viable and orderly private sector market for property insurance in state — No merit to claim that statute provides statutory due process by requiring a hearing if a rate filing based on computer data exceeds 25% where Florida Windstorm Underwriting Association held hearings during development of the filing, meetings of the actuarial committee were publicly noticed, and arbitration hearing was open to public — Fact that Association’s plan of operation provides that association’s rates shall be those approved by the Department of Insurance does not render statute providing for arbitration invalid where section 627.062(6)(a) states that department and insurer must treat arbitrator’s decision as final and, therefore, arbitration resulted in department approval as matter of law — Summary judgment granted in favor of defendants

9 Fla. L. Weekly Supp. 53a

Small claims rules — Proposal for settlement stricken where action has been brought under small claims rules, and neither party has moved to invoke rules of civil procedure

9 Fla. L. Weekly Supp. 52a

Small claims rules — Proposal for settlement stricken where action has been brought under small claims rules, and neither party has moved to invoke rules of civil procedure

9 Fla. L. Weekly Supp. 367a

Insurance — Standing — Plaintiff, which refers and schedules patients for diagnostic testing, lacks standing to challenge reductions to bills submitted by medical provider

9 Fla. L. Weekly Supp. 324a

Insurance — Personal injury protection — Contracts — Because each of insurer’s denials or reductions of claimed PIP benefits constitutes breach of contract which gives rise to separate cause of action, which insured can choose to bring at any time within applicable statute of limitations, insured’s failure in contract action to bring any claims or causes of action or potential causes of action arising after date of filing of lawsuit does not constitute improper splitting of a cause of action — Any claims, causes of action or potential causes of action arising after filing of suit are irrelevant to any issues in suit, particularly issue of whether treatment sought by insured prior to filing suit was medically necessary — Evidence limited accordingly

9 Fla. L. Weekly Supp. 127c

Insurance — Personal injury protection — Settlement — Motion to vacate settlement based on unilateral mistake of insurer in including provision for payment of attorney’s fees and costs is denied despite lack of detrimental reliance where mistake resulted from inexcusable lack of due care